lazycis
01-15 11:04 AM
See also
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
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OLDMONK
07-09 09:02 PM
So you are of the opinion that there is worse which can happen.
To me this latest I485 filing issue is about as low at it gets. Specially the way it was handled, and the stick approach afterwords with no regrets by any one. (amongst others FBI name checks, retrogression, Country Caps, etc. etc.)
Some Keywords to ponder on / References.
Rice, Condoleezza - A little Inconvenience for applicants
Journalists - Wrinkle in reporting numbers by USCIS
Lets respect ourselves a little better and take a stand, not be docile and humble specially when given the stick. The tougher the immigration gets, the better, provided its dealt fairly and unequivocally.
To me this latest I485 filing issue is about as low at it gets. Specially the way it was handled, and the stick approach afterwords with no regrets by any one. (amongst others FBI name checks, retrogression, Country Caps, etc. etc.)
Some Keywords to ponder on / References.
Rice, Condoleezza - A little Inconvenience for applicants
Journalists - Wrinkle in reporting numbers by USCIS
Lets respect ourselves a little better and take a stand, not be docile and humble specially when given the stick. The tougher the immigration gets, the better, provided its dealt fairly and unequivocally.
rsayed
04-13 03:59 PM
What bill is that? Do you have the bill nimber?
S.1092
Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.
S.1092
Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.
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Radhika
07-01 02:56 PM
I am also ready to join in the lawsuit.
I didn't presser my parents about the bc and i took INS doctors appointment next week, thinking that dates are current for complete month why rush? so I can't file by tomorrow
I didn't presser my parents about the bc and i took INS doctors appointment next week, thinking that dates are current for complete month why rush? so I can't file by tomorrow
more...
HumHongeKamiyab
03-16 12:37 PM
Mine is TSC. Is TSC sending RFEs too? BTW, I Updated my profile.
expect an RFE in a month or two. Also fill in your profile to help others...
expect an RFE in a month or two. Also fill in your profile to help others...
sukhyani
12-20 01:00 PM
Recently, Tom Vilsack, Governor of Iowa appeared on Jon Stewart after his announcement as a candidate for 2008 from the democrat party.
Wonder what is the Governor's stance on legal immigration?
Do you know if he has a website? We can look for his position on different issues on his website too.
Wonder what is the Governor's stance on legal immigration?
Do you know if he has a website? We can look for his position on different issues on his website too.
more...
maru
09-13 02:06 PM
hi maru, welcome to IV. think abt joining IV in the DC Rally? Would you?
thank you for welcoming me to IV. yes, i am attending the DC rally together with my husband.
thank you for welcoming me to IV. yes, i am attending the DC rally together with my husband.
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dealsnet
10-23 08:55 PM
Your labor wants masters only or bachelors with 5 years is acceptable?
Look bullet no. 2.
The following degree equivalency determinations have been made by the AAO, USCIS, District Court and through regulations:
1. A Bachelor of Medicine & Bachelor of Surgery (MBBS) is the foreign equivalent of a US medical degree. (2009)
2. A three year Bachelor’s degree from India is equivalent to a US Bachelor’s degree. (2008)
EB-2 & EB-3 Degree Equivalency | US Immigration Blog (http://blog.messersmithlaw.com/?p=50)
MurthyDotCom : Combination Degrees found by AAO Equal to 4-Year U.S. Degree (http://www.murthy.com/news/n_combdg.html)
YOU NEED GOOD LAWYER. FILE COMPLAINT WITH AAO.
Hello,
Please advice on this.
Application is filed under EB2 category.
In Labor certificate minimum education requirement is Master's
My I-140 is denied because of 3 years Bachelors degree.
I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.
Received RFE on 15th June 2009.
We submitted 2 education evaluations on Sept 3rd 2009, which says my Master’s degree is equivalent to US Masters Degree.
Received denial notice on 28th Sept 2009.
After denial, Lawyer is planning to file appeal with federal court.
Does anyone have the same issue?
I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
To proof this CCI is charging a huge amount.
Does anyone have any info about CCI?
Please advice.
Thanks.
Look bullet no. 2.
The following degree equivalency determinations have been made by the AAO, USCIS, District Court and through regulations:
1. A Bachelor of Medicine & Bachelor of Surgery (MBBS) is the foreign equivalent of a US medical degree. (2009)
2. A three year Bachelor’s degree from India is equivalent to a US Bachelor’s degree. (2008)
EB-2 & EB-3 Degree Equivalency | US Immigration Blog (http://blog.messersmithlaw.com/?p=50)
MurthyDotCom : Combination Degrees found by AAO Equal to 4-Year U.S. Degree (http://www.murthy.com/news/n_combdg.html)
YOU NEED GOOD LAWYER. FILE COMPLAINT WITH AAO.
Hello,
Please advice on this.
Application is filed under EB2 category.
In Labor certificate minimum education requirement is Master's
My I-140 is denied because of 3 years Bachelors degree.
I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.
Received RFE on 15th June 2009.
We submitted 2 education evaluations on Sept 3rd 2009, which says my Master’s degree is equivalent to US Masters Degree.
Received denial notice on 28th Sept 2009.
After denial, Lawyer is planning to file appeal with federal court.
Does anyone have the same issue?
I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
To proof this CCI is charging a huge amount.
Does anyone have any info about CCI?
Please advice.
Thanks.
more...
shx
04-27 12:48 PM
GE is not a person. All of GE employees as well as share holders pay taxes on their income. Why do you want to double tax the companies and make them go out of business? Thats one reason companies have to setup operations in tax haven countries.
It's as if the wife has to pay taxes on her salary and then the husband has to pay taxes on the pocket money he gets from his wife as monthly allowance to run the house hold. (Just reversed the traditional places of husband and wife for fun).
It's as if the wife has to pay taxes on her salary and then the husband has to pay taxes on the pocket money he gets from his wife as monthly allowance to run the house hold. (Just reversed the traditional places of husband and wife for fun).
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nsync1979
06-18 02:22 PM
Hi,
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
more...
ArkBird
12-08 03:50 PM
I wish! :)
I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!
Yes. We are foreigners no matter how much tax we pay or how law abiding we are...
We are legal immigrants and most importantly - tax payers, shouldn't that be enough??
I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!
Yes. We are foreigners no matter how much tax we pay or how law abiding we are...
We are legal immigrants and most importantly - tax payers, shouldn't that be enough??
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sam_austin77
12-30 09:30 PM
Thanks a lot. This helps me.
Now for this EAD, should I go thru an attorney or do it myself by the USCIS website.
you need to use EAD since you were on L1 and that cant be transferred to your new employer.
Other than that you need:
- I-140 to be approved*
- 180 dyas to pass from your I-485 receipt date.
*strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.
Now for this EAD, should I go thru an attorney or do it myself by the USCIS website.
you need to use EAD since you were on L1 and that cant be transferred to your new employer.
Other than that you need:
- I-140 to be approved*
- 180 dyas to pass from your I-485 receipt date.
*strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.
more...
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Phat7
10-07 12:51 AM
:( that's bad... I confess I voted for myself yesterday, just couldn't resist the mischievous evil inside :evil: I can't change my vote can I? We can count one off me and I give my vote to Coppertop. ;)
If you disqualify me I will totally understand. :sigh:
If you disqualify me I will totally understand. :sigh:
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jamesingham
06-23 08:59 AM
No not yet. Attorney says I will get it in October of this year. He also said PERM is going to be no problem .. problem may arise when we apply for EB-2 140.
Yes, the responsibilities are 50% different than my previous job.
Yes, the responsibilities are 50% different than my previous job.
more...
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xyz2005
08-06 04:53 PM
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Heartiest congrats
Your wife is not out of status...you have applied and her official status is 485 applied and status pending. Keep her FedEx receipt handy till you get her official receipt. Dont worry its just 6 days past when you sent her application and there is a huge rush. You will get it soon and check would be encashed soon as well. My experience it takes time to get cash encashment particularly when there is a huge rush.
Take care and accept our heartiest congrats once again.
Best Regards,
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Heartiest congrats
Your wife is not out of status...you have applied and her official status is 485 applied and status pending. Keep her FedEx receipt handy till you get her official receipt. Dont worry its just 6 days past when you sent her application and there is a huge rush. You will get it soon and check would be encashed soon as well. My experience it takes time to get cash encashment particularly when there is a huge rush.
Take care and accept our heartiest congrats once again.
Best Regards,
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sanan
06-04 09:11 PM
What is your PD and category?
I filed my 485 in July 2004. My PD is current now, does anyone know what happens next?
Thank you.
delhis
I filed my 485 in July 2004. My PD is current now, does anyone know what happens next?
Thank you.
delhis
more...
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sunny02
08-19 09:00 AM
Thanks for your suggestions - minimalist,prem_goel,gconmymind.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
4) Can they ask for more details like client letter,etc - chennai
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
4) Can they ask for more details like client letter,etc - chennai
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
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panky72
08-03 01:23 PM
This is a small idea and let us see if it works.
We all help each other on the forum by answering questions. Let us answer questions of members of our community and politely request the person asking the question, if your answer helped him. If it helped him, the member can consider contributing to Immigrationvoice.
I think if all active members add this small note in their signatures, it may help us generate more funds to continue this effort. You can choose to modify this message to make it more appealing or create a link to the high five campaign that is currently running.
Suggestions are welcome.
Pardon my ignorance but how do I hyperlink "contributing to immigrationvoice" part of the signature to the contribution page in IV. I am not from IT field as many of you would have already guessed:)
We all help each other on the forum by answering questions. Let us answer questions of members of our community and politely request the person asking the question, if your answer helped him. If it helped him, the member can consider contributing to Immigrationvoice.
I think if all active members add this small note in their signatures, it may help us generate more funds to continue this effort. You can choose to modify this message to make it more appealing or create a link to the high five campaign that is currently running.
Suggestions are welcome.
Pardon my ignorance but how do I hyperlink "contributing to immigrationvoice" part of the signature to the contribution page in IV. I am not from IT field as many of you would have already guessed:)
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sjhugoose
February 20th, 2004, 07:39 AM
Steven,
Referb 1Ds at $5200 your credit card finger getting itchy?
:D
Referb 1Ds at $5200 your credit card finger getting itchy?
:D
aka
05-17 07:09 PM
Guys, I received THE magic email also this week. Card Production ordered on May 14th. HUGE Relief!!!
I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:
a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)
b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.
c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.
Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.
Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!
I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:
a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)
b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.
c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.
Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.
Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!
dealsnet
09-02 01:43 PM
Your previous thread, you narrate the incident. You are pleaded guilty in the court. But now you are saying the court dismiss because unintentional stealing.
Which is correct ???
You are stealing/swallowing your own words ??? !!!!!!!!!!!!!!
SEE YOUR PREVIOUS THREAD.
http://immigrationvoice.org/forum/forum105-immigrant-visa/24389-travel-on-ap-to-india-shoplifting-case.html
Hi there,
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you
Which is correct ???
You are stealing/swallowing your own words ??? !!!!!!!!!!!!!!
SEE YOUR PREVIOUS THREAD.
http://immigrationvoice.org/forum/forum105-immigrant-visa/24389-travel-on-ap-to-india-shoplifting-case.html
Hi there,
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you
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